In regions of the world where snow falls regularly, residents are accustomed to the chore of snow removal and approach the task with barely a thought. When snow falls on Friday or Shabbat, however, hilchot Shabbat make this ordinary act far more complex. This essay will explore various methods of snow removal as they pertain to Shabbat. 1
Muktzeh
The poskim debate whether or not snow is muktzeh. Some poskim 2 maintain that snow is muktzeh. One source for this opinion is a comment of Tosafot, 3 who write, based
1 In cases in which leaving snow or ice on the ground would pose an immediate danger, the snow may be removed, as pikuach nefesh overrides Shabbat. This scenario is not very common, however. The scope of this article is limited to cases in which there is no imminent danger. 2 Pri Megadim Peticha Hakolelet to Hilchot Muktzeh #29, R. Moshe Feinstein, Iggerot Moshe 5:22:37 (see Sefer Tiltulei Shabbat, p. 165, nt. 10 who quotes R. Feinstein as saying that it is muktzeh machmat gufo, R. Shimon Eider Halachos of Shabbos, Dosh, nt. 331, says that R. Feinstein maintains that snow is not muktzeh), R. Yisroel Belsky, Halachically Speaking vol. 3 issue 15. Sefer Shalmei Yehonatan, vol. 3, Luach Hamuktzeh, p. 70 distinguishes between clean and dirty snow; while clean snow is not muktzeh, dirty snow is not useable for any purpose and is therefore muktzeh. Shalmei Yehuda, Muktzeh, perek 13, note 19 suggests that Pri Megadim did not intend his statement as practical halacha, but rather as an explanation of one of the categories of nolad R. Tzvi Pesach Frank (Har Tzvi, Orach Chaim, vol. 1, p. 288) notes that even according to Pri Megadim, the issue of muktzeh would only pertain if the snow fell on Shabbat itself. If the snow fell before Shabbat, even Pri Megadim would agree that it is not muktzeh. Birchat Retzeh (siman 73) and R. Shlomo Zalman Auerbach (Sefer Tiltulei Shabbat, Teshuvot from R. Auerbach #13) discuss the possibility that snow is considered muktzeh only in a case in which there were no clouds in the sky at the beginning of Shabbat or Yom Tov, so that the possibility of snow did not enter anyones mind. This issue may be irrelevant nowadays, when many people learn of the possibility of snowfall from the weather report and therefore expect it even in the absence of clouds. 3 Beitza 2a, s.v. ka. on a Gemara in Massechet Eiruvin 4 that since water is absorbed in clouds; it is not considered to be in existence before Shabbat. As such, snow that falls on Shabbat has the status of nolad.
Some poskim reject this proof because only the hava amina (initial stage) of the Gemara in Eiruvin assumes that water is absorbed in the clouds. According to the conclusion of the Gemara, the water in the clouds is in constant motion and is thus considered to already exist. 5
Many poskim, however, maintain that snow is not muktzeh. 6 They cite the Gemara in Massechet Shabbat, 7 which states that one may not crush snow or hail on Shabbat in order to cause water to flow from it, but one may place it in a cup or plate in order to benefit from it. The Gemara does not make mention of muktzeh implying that snow may be handled on Shabbat.
Orchot Shabbat rejects this proof.
He notes that in the time of the Gemara, people would draw water from wells and rivers, and snow would sometimes be used as a water source as well.In contrast, nowadays we use running water and snow is not used in the same capacity; therefore today it would be muktzeh. 8
4 Eiruvin 46a. 5 See, for example, Har Tzvi, Tal Harim, Soter #1. 6 See Minchat Shabbat 80:56, quoting Teshuvot HaGeonim, siman 242; Beit Yosef, end of siman 310, quoting R. Tzemach Gaon; Shibbolei Haleket, siman 85; Kaf Hachaim 310:52 and 338:60; Eshel Avraham (Butchach), Mahadura Tinyana, siman 312; and Mishna Berura 338:30 in the name of Zecher LeAvraham. This is also the opinion of R. Zvi Pesach Frank (Har Tzvi, Tal Harim, Soter #1), R. Moshe Stern, Beer Moshe 1:20, R. Yosef Shalom Elyashiv, cited in Shalmei Yehuda, Muktzeh 13:9:19; Orchot Shabbat, vol. 2, ch. 19, nt. 259, Children in Halacha p. 138, and R. Shlomo Zalman Aurebach, cited in Shemirat Shabbat Kehilchata 16:44 and nt. 110 (see, however, Sefer Tiltulei Shabbat, Teshuvot from R. Auerbach #13). Kli Chemda (Shemot 16:26) discusses whether mon that fell on Shabbat would be muktzeh. This question is merely academic, however, as a double portion fell on Friday and no mon fell on Shabbat at all. 7 Shabbat 51b. 8 Orchot Shabbat, vol. 2, ch. 19, nt. 259. Another source to prove that snow is not muktzeh is from a sugya in Eiruvin 99b. 9
The Mishna says that on Shabbat, one may catch water dripping from a gutter pipe within ten tefachim (handbreadths) of the ground. According to Tosafots analysis of the Gemara (based on their understanding of Rashis opinion), 10 the Mishna refers to a case in which the water did not rest on top of the roof; that is, the water came onto the roof on Shabbat. R. Stern infers from here that the water in question is rain water. Ritva writes that it is difficult to explain that this Gemara is only referring to rain water that fell on Shabbat. Rather, it must also be referring to rain that fell before Shabbat. 11 Since the Mishna says that one can catch this water, there seems to be no concern for muktzeh with regard to rain that falls on or before Shabbat. Meiri 12 and Rashba 13 write that one may bring the rain water into the house, further implying that there is no issue of muktzeh.
Another proof is the Gemara in Eiruvin 45b, 14 which states that rain that falls on Yom Tov has the same techum (walking parameters) as the person who collected it. Rashi explains that since the rain had not fallen before Yom Tov it has no previous boundary and therefore follows the collector. 15 This clearly indicates that one may move rain on Shabbat. 16
9 This proof is mentioned in Beer Moshe 1:20. 10 Tosafot, Eiruvin 99b, s.v. lo. 11 Ritva, Eiruvin 99b, s.v. hg. 12 Meiri, Eiruvin 99b, s.v. vyesh. 13 Rashba, Avodat Hakodesh Beit Netivot, Shaar Shlishi #178. 14 This proof is mentioned in Beer Moshe 1:20. 15 Rashi, Eiruvin 45b, s.v. harei. 16 Although R. Sterns proofs are from sugyot concerning rain, most poskim assume that there is no difference between rain and snow regarding muktzeh status; if rain is not muktzeh, snow should not be either. Snowfall occurs in mid air when precipitation enters a cold atmosphere. Because it can easily change back to rain, this is not considered nolad gamur and is therefore not a problem. (See, for example, Machazeh Eliyahu, siman 68:1). R. Moshe Feinstein (Iggerot Moshe, Orach Chaim 5:22:37), however, differentiates between rain and snow, writing that the fact that the Gemara in Eiruvin (46a) states that rain moves in the clouds does not apply to snow.
Tiltul Min Hatzad
If snow is muktzeh, as Pri Megadim maintains, the permissibility of moving the snow may depend on the acceptability of tiltul min hatzad, moving a muktzeh item in an indirect fashion. As an example, Shulchan Aruch states that if one wishes to remove bones from the table, he may pick up the table or board that they are on and shake the bones off. 17
Taz writes that a person may also wipe the bones off the table using a knife; since he is not touching the muktzeh item directly, this movement is considered to be min hatzad. 18 Mishna Berura quotes this opinion. 19 By extension, one would be able to move snow using a shovel, as this act is similar to clearing the table with a knife.
Some Achronim disagree with Taz. Shulchan Aruch HaRav writes that using a utensil to move the bones is only permitted in a case in which the bones were already on the utensil. Thus, one may remove the bones by shaking the table on which they lie. However, one may not place the muktzeh item onto another object and then move it. 20
According to Shulchan Aruch HaRav, one would not be able to use a shovel to pick up snow unless the snow was placed on the shovel before Shabbat.
Chazon Ish writes that the leniency of tiltul min hatzad is only applicable when the item that one wishes to move is not the muktzeh item. For example, if there is a rock
17 Shulchan Aruch, Orach Chaim 308:27. 18 Ibid. 308:18. Some authorities maintain that this leniency of Taz was only meant when moving the object in the irregular fashion (like a knife being used to sweep the bones off of the table). However, using an item to push the muktzeh in the regular fashion was never included in this leniency. See Orchot Shabbat vol. 2 19:247 and footnote 348. Other poskim maintain that there is no difference. See Minchat Asher Shabbat siman 43, Megilat Sefer 45:5, Hilchot Shabbat BShabbat vol. 2 27:10 and footnote 27. 19 Mishna Berura 308:115. 20 Shulchan Aruch Harav 308:60, Kuntres Acharon 259:3. Ben Ish Chai, Mikeitz #14, disagrees with Taz as well. on top of a particular kli (vessel) and one wishes to move the kli, it is permitted to do so, even though the rock is muktzeh, because this is merely tiltul min hatzad. If, however, one wishes to move the rock, it would be forbidden to move the kli; it is considered as if one is moving the rock, not the kli. 21 Thus, Chazon Ish writes, Taz is incorrect in assuming that one may push a muktzeh item off the table using a knife. Since the goal is to move the muktzeh item, it is considered as if that is what one is moving, even if he does not physically touch it. Similarly, moving snow with a shovel is considered moving the snow itself and is therefore prohibited.
Thus, if one assumes the position of Pri Megadim that snow is indeed muktzeh, the permissibility of shoveling depends on whether we accept Tazs leniency, which is also subject to debate. R. Chaim Kanievsky records that the practice of Chazon Ish was to follow this leniency of Taz, even though Chazon Ish argues against it in his sefer. 22
Even if we were to reject Tazs ruling, however, most poskim assume that snow is not considered muktzeh, and the question of tiltul min hatzad is therefore irrelevant.
21 Chazon Ish, Orach Chaim 47:14. 22 Taama Dekra, Hanhagot of Chazon Ish heard from his mother (the sister of Chazon Ish) #12; Shevut Yitzchak, Muktzeh, perek 9 #4. See also Az Nidberu 9:33. While the simple understanding of the passage in Taama Dekra indicates that Chazon Ish followed Tazs leniency, a careful reading allows for a different interpretation. In this passage, R. Kanievsky discusses removing crumbs and garbage from the table. These items have the status of graf shel rei, which may be moved. Perhaps the practice of Chazon Ish was not to be lenient in considering the use of a kli as tiltul min hatzad with regard to muktzeh items, but rather to be strict in requiring the use of a kli to remove graf shel rei, as opposed to allowing its removal by hand. In a response to a letter from R. Dovid Rosman (dated 10 Adar, 5764), R. Kanievsky indicated that his intentions were indeed the latter, requiring use of a kli even when use of ones hand should have been acceptable. According to this interpretation, Chazon Ish never followed Tazs position and one would not be allowed to move snow with a kli. This correspondence is referred to anonymously in Orchot Shabbat, vol. 2, ch. 19, nt. 529 in brackets. There are, however, other published correspondences with R. Kanievsky which indicate otherwise. See Shalmei Yehonatan, vol. 3, siman 54 #4. See also Orchot Rabbeinu, vol. 1, p. 141 # 164 and Kovetz Moriah, Tevet 5752, gilyon 207, p. 88. Nevertheless, even if moving snow is permissible from a muktzeh perspective, the poskim note a number of issues raised by the act of shoveling on Shabbat.
Mashveh Gumot
Shulchan Aruch writes that it is forbidden to sweep an unpaved floor on Shabbat lest one create holes in the ground, mashveh gumot. Shulchan Aruch also quotes an opinion that permits sweeping unpaved floors. 23 Magen Avraham writes that the reason to be lenient is that the creation of holes is unintended (davar sheeino mitkaven). 24
Ramo, however, quotes many Rishonim who maintain that sweeping even a paved floor is forbidden. 25 Ramo writes that this is the accepted view and that one should not deviate from it. Quoting Rabbeinu Yerucham, Ramo states that amirah leakum (instructing a non-Jew to perform an act) is permitted in this case. 26
The poskim suggest that shoveling snow poses a similar issue. Thus, according to Shulchan Aruch, one can only shovel snow from a paved surface, such as a sidewalk or driveway, while shoveling snow that is on the grass is forbidden. 27 According to Ramo, it would seem that any shoveling constitutes a problem. However, it would be permitted to have a non-Jew shovel the snow from ones driveway or grass.
Biur Halacha 28 quotes Rivash, 29 Tosafot, 30 and others, 31 who state that one need not be concerned with the possibility of creating holes in a city in which the majority of
23 Shulchan Aruch 337:2. 24 Magen Avraham 337:2. 25 Ramo 337:2, quoting Ri, Mordechai, Rabbeinu Yeruchem, Smag and Sefer HaTeruma. 26 Ibid. 27 Shulchan Aruch generally accepts the first view cited, not the yesh omrim. 28 Biur Halacha 337:2, s.v. veyesh machmirin. 29 Rivash, siman 394. 30 Tosafot, Shabbat 29b, s.v. gezeira. 31 Rashi, Shabbat 95a, s.v. zilcha; Biur HaGra 337:2, s.v. veyeish machmirin in the name of Sefer HaTruma. roads are paved. Accordingly, since the cities in which we live have mostly (if not all) paved roads, the prohibition of mashveh gumot (flattening the ground) does not apply to paved areas. However, shoveling snow that is on grass is still problematic.
Binyan and Stirah
On Rosh Chodesh Adar 5717 (1957), there was a heavy snowstorm in Yerushalayim and R. Zvi Pesach Frank was asked whether the snow was muktzeh. He writes that the more difficult issue is the possibility of soter (destroying). He reasons that if snow turns to ice and becomes attached to a roof, removing the snow would constitute breaking part of the roof. However, if the snow is soft, it would not be considered part of the roof and its removal would be permitted. He further notes that if a shovel is used, there is also a concern that one will make a hole in the roof itself. 32
R. Franks grandson counters his claim. 33 Shulchan Aruch writes that breaking ice is permitted in order to reach the water underneath. 34 Magen Avraham writes that if the ice is covering a river or well, it is prohibited to break the ice; since it is connected to the ground, it is like binyan and stira. 35 Mishna Berura notes that most Achronim disagree with Magen Avraham. 36 The issue raised by R. Frank is only problematic according to Magen Avraham, whose opinion is rejected by most poskim, and therefore soter is not a concern.
Uvdin DeChol
32 Har Tzvi, Orach Chaim, vol. 1, p. 288. 33 Ibid. Talelei Sadeh #4. 34 Shulchan Aruch 320:10. 35 Magen Avraham 320:15. 36 Mishna Berura 320:36. R. Avrohom Weinfeld writes that shoveling snow on Shabbat is forbidden because it is an uvda dechol, a weekday activity. 37 He compares this to the halacha that it is forbidden to clear out a storage house for grain or wine unless it is for mitzvah purposes, such as hachnasat orchim (welcoming guests) or setting up a beit midrash (study hall). 38 According to this reasoning, shoveling is permitted if guests are invited to the Shabbat meal and one wants to enable them to enter the house. Similarly, it would seem that shoveling a path to the shul so that people will be able to daven would also be permitted.
Tiferet Yisrael writes that an act is considered uvda dechol if it fulfills one of three criteria: 1) Chazal forbade it because it is comparable to one of the 39 melachot; 2) It will lead to the performance of a forbidden act; 3) It involves a great effort (tircha). 39
According to this definition, the classification of shoveling as uvda dechol apparently depends on how much snow is being shoveled. Shoveling is not comparable to any of the 39 melachot, nor will it lead to such a violation. However, if a large quantity of snow must be shoveled, the act could certainly be considered a tircha. It is unclear how much shoveling would be considered a tircha, however, and a competent halachic authority should be consulted in cases of doubt.
If shoveling snow is generally prohibited as an uvda dechol, there are certain instances in which the prohibition would not apply. In cases of tzaar (pain), mitzvah, 40
and potential great loss, 41 many poskim assume that there is no issur of uvdin dechol. 42
37 Shut Lev Avraham, siman 49. 38 Shulchan Aruch 333:1. 39 Tiferet Yisrael, Klalei 39, Melachot #1, s.v. amnam. Many poskim have attempted to define uvdin dechol. See, for example, Iggerot Moshe, Orach Chaim 4:74:4 (R. Moshe Feinstein); Meor HaShabbat, letter #2:2, Meorei Eish, p. 66, Shulchan Shlomo 306:16:5, 319:24:2 (R. Shlomo Zalman Aurebach); and Emet LeYaakov, Orach Chaim 302, nt. 339 (R. Yaakov Kaminetsky). 40 See Bach 333; Biur Halacha 333:1, s.v. vechol shevut, and 338:1, s.v. hoil; Ran, Shabbat 3b in the dapei Ha-Rif; Shulchan Aruch 254:5; Mishnah Berura 254:35; and Machazeh Eliyahu 72:1. 41 Shut Bach (Yeshanot) 146; Machazeh Eliyahu 72:2. 42 Magen Avraham 328:48; Mishnah Berura 328:136.
Aseh DeShabbaton
R. Shlomo Wahrman suggests that shoveling snow should be prohibited because it violates the mitzvat aseh of Shabbaton according to the definition of Ramban.
Ramban writes 43 that despite the Torahs prohibitions of certain acts on Shabbat, one would still be able to check his grains, weigh his fruits, and perform other such activities without technically violating a prohibition. The Torah commands the concept of shevut, which limits our activities so that Shabbat can truly be a day of rest. 44
Degrading the Honor of Shabbat (Zilzul)
R. Yaakov Betzalel Zolty 45 and R. Pesach Eliyahu Falk 46 assume that shoveling snow on Shabbat is forbidden because it is a zilzul, a degradation of kavod Shabbat. As a comparable example, R. Wahrman cites the ruling of R. Moshe Feinstein prohibiting the setting of a timer to cook food on Shabbat morning so that it will be ready for Shabbat lunch. 47 If such a practice were allowed, all of hilchot Shabbat could be avoided by setting timers to perform all of the forbidden activities; Shabbat would become a regular weekday. Even though it may be technically permitted, allowing such an activity would certainly be a disgrace to Shabbat.
Having a Non-Jew Shovel or Plow Snow
The prohibition of amira leakum generally curtails ones ability to ask a non-Jew to perform an act that a Jew is forbidden to perform on Shabbat. Since many people hire
43 Ramban, Vayikra 23:24, based on Mechilta, Parshat Bo 9; Ritva, Rosh Hashana 32b, s.v. matni. 44 Sefer Orot HaShabbat, siman 50. R. Wahrman writes that R. Yaakov Betzalel Zolty agreed with his explanation. 45 Quoted by R. Wahrman, ibid. 46 Machazeh Eliyahu, siman 68:2. 47 Am HaTorah, vol. 9. See also Iggerot Moshe, Orach Chaim 4:60. help to shovel snow on their property, the permissibility of amira leakum in this context is particularly pertinent. There are indeed a number of reasons to be lenient regarding amirah leakum in this context.
Amirah leakum is only prohibited if the Jew asks the non-Jew to perform the forbidden act on Shabbat. In a case of kablanut that is, if a non-Jew is hired by a Jew to perform a specific task, but not at any particular time the fact that the non-Jew chooses to work on Shabbat is for his own benefit, not that of the Jew. 48 Shulchan Aruch stipulates that this is only true when the work is done privately; if it is clear that the work is being done for the Jew, then it is not permitted, as the people who see the non-Jew performing the act may not know that this was arranged in a permissible manner. Pri Megadim writes that this concern applies exclusively to a Torah prohibition, not to cases of shevut (Rabbinic prohibitions). 49 It would seem that according to Pri Megadim, in the case of shoveling which is clearly not a Torah prohibition amirah leakum is permitted provided that the Jew does not specify that the work must be performed on Shabbat.
Moreover, according to some Acharonim, amirah leakum is permitted whenever there is a machloket haposkim as to whether something is prohibited for a Jew. 50 As we
48 Shulchan Aruch 244:1. Although snow removal seems to be task oriented, in a situation where it is clearly expected to be done on Shabbat, one can question whether this leniency would apply. 49 Pri Megadim Mishbetzot Zahav 244:1. 50 Tiferet Yisroel, Kilkelet HaShabbat, Dinei Amira Leakum 7. There are a number of cases in which this rule is relevant. Shulchan Aruch writes (Orach Chaim 314:7) that there is a machloket regarding whether or not one can break the opening of a certain type of box on Shabbat, and it is permitted to be done by a non- Jew. Pri Megadim (Eshel Avraham 11) explains that Shulchan Aruch is of the opinion that if there is a machloket regarding whether something is permitted, we allow a non-Jew perform the act. He notes, however, that Yam Shel Shlomo (Beitza 4:9) disagrees. Ramo (302:1) quotes an opinion that one should not shake dust off of his clothing on Shabbat. Mishna Berura (6) quotes Levush, who maintains that this opinion should be followed because it is the majority view, but he rules that in this case, one may allow a non-Jew to clean the dust off of the clothing, as there is a view permitting a Jew to do it. have seen, although there are reasons to prohibit shoveling snow on Shabbat, not all poskim agree, and amirah leakum should therefore be permitted according to this view. 51
If shoveling is forbidden on Shabbat because it is classified as tircha (effort) or uvda dechol, there is yet another reason to be lenient, as some poskim assume that amirah leakum is not prohibited in such cases. 52 Other poskim disagree, however. 53
There is a machloket Rishonim as to whether there is a prohibition to reheat a liquid that has cooled off (see Shulchan Aruch 318:4 and Biur Halacha, s.v. yesh). Biur Halacha (253:5, s.v. lehachem) and Chazon Ish (Orach Chaim 37:21, s.v. venereh) write that in such a case, a non-Jew is allowed to reheat the liquid for the Jew. Ramo (252:4) writes that if a non-Jew made an article of clothing and finished it before Shabbat, it may be sent to a Jew even on Shabbat. However, the Jew may not go to the store and take the clothing. The Acharonim debate whether the Jew may send a non-Jew to collect the article of clothing on Shabbat. After quoting the various opinions among the Acharonim, Kaf Hachaim (252:44) concludes that since this question of whether the Jew may go himself to collect the clothing is subject to machloket, one may send a non-Jew to pick up the clothing. 51 Similarly, many poskim permit amirah leakum if the reason that a Jew refrains from doing something is because he is observing a chumra (not a hachraah lehachmir in a machloket haposkim). See Magen Avraham 307:2; Hagahot R. Akiva Eiger to Magen Avraham 307:20; Tosefet Shabbat 307:3; Mishna Berura 307:8. 52 Eliyah Rabba 252:12; Tiferet Yisrael. Kilkelet Shabbat, Klalei 39, Melachot #35, Soter; Maamar Mordechai 252:6; Chemed Moshe 252:4; and Shut Arugat Habosem, Orach Chaim 55. 53 Taz 313:10; Shut Maharam Shick, Orach Chaim 155:9; Tehilla LeDovid 333:6; Tosefet Shabbat 252:18; Mishna Berura 252:31, 313:56; and Shaar Hatziyun 252:28. In his notes to his fathers responsa, R. Levi Greenwald, son of Arugot Habosem, comments that whether we allow a non-Jew to perform an uvda dechol depends on a machloket Rishonim. Rashba (Chiddushim to Massechet Shabbat 138a, s.v. ela amar Abaye) considers uvda dechol comparable to a regular shevut (see also Tiferet Yisrael, Kilkelet Shabbat, Klalei 39, Melachot, s.v. amnam). Therefore, just as a non-Jew may not perform a shevut unless it is a case of mitzvah, miktzat choli, or tzorech harbeh, he may only perform an uvda dechol under those circumstances. In contrast, Eglei Tal (end of Melechet Maamer) quotes the opinion of Ran that a shevut is more severe than uvda dechol. Thus, one could reason that while a non-Jew may not perform a shevut under ordinary circumstances, he may perform an uvda dechol. R. Greenwalds reasoning is debatable, however. The lenient opinion allows a non-Jew to perform an uvda dechol because when a non-Jew performs such an act, it is not considered an uvda dechol; no forbidden act is performed. On the other hand, when a shevut is done by a non-Jew on behalf of a Jew, a forbidden act is
The recommendation of many contemporary poskim seems to be to allow a non- Jew to shovel in cases of need. 54 Nonetheless, some poskim recommend only having a small path cleared so that people can pass. 55
In cases of actual danger, Ramo permits moving muktzeh items so that no one will be injured. 56 It would seem that if a non-Jew is not available, a Jew would be allowed to shovel snow in such a case. This leniency, however, would not seem to apply in a situation of fresh snow, which does not present a danger to one walking on it.
These leniencies regarding amira leakum may only apply to conventional shoveling of snow. Many poskim are strict regarding the use of a snow blower or plow because of avsha milta; the noise that is made by the snow plow is a clear indication that the act is being performed on the Jews property on Shabbat. 57
There is a statement of Magen Avraham regarding a different case that would seem to limit the permissibility of allowing a non-Jew to use a snow plow. Magen
being performed on behalf of the Jew. Accordingly, even those Rishonim who maintain that an uvda dechol is equivalent to a shevut could allow a non-Jew to perform an uvda dechol on behalf of a Jew. 54 R. Yosef Shalom Elyashiv, Kovetz Zikaron Dror Yikra, p. 346, #66. See also Mishneh Halachot 4:45. 55 Nishmat Shabbat 4:47-2. 56 Ramo 308:6. 57 R. Dovid Ribiat, Thirty Nine Melachot, p. 1099, and Migdal Dovid, n. 47d. Although R. Ribiat is strict in the English text, in the Hebrew notes (Migdal Dovid), he mentions some of the leniencies discussed earlier and concludes that in case of great need, there are grounds to allow a non-Jew to use a snow plow. Regarding avsha miltah, see Shut Zekan Aharon, Mahadura Kamma, siman 15-16; Iggerot Moshe, Orach Chaim 4:60, s.v. aval yesh; Shut Minchat Yitzchak 4: 24. See also Ramo, Orach Chaim 252:5 and Shulchan Aruch HaRav 252:5. The reason to allow for use of a snow plow is that since the non-Jew could technically have used a shovel, it is adaata denafshei (for his own purpose) that he chooses to do it. This would only apply to a property that could be shoveled. A large area that would never be shoveled could not rely on this. Moreover, some poskim only rely on the concept of adaata denafshei regarding rabbinic prohibitions; see Magen Avraham 276:11. Avraham 58 writes that just as it is permissible for a non-Jew to collect piles of garbage from a Jews property on Shabbat, it should similarly be permitted for non-Jews to work on the construction of a shul in a case of kablanut. Nonetheless, he notes, the Torah leaders refrained from permitting this to avoid a chilul Hashem. Since the non-Jews would never allow someone to do work publicly on their holidays, it would be a chilul Hashem if we were to allow non-Jews to do our work on Shabbat. 59 Perhaps allowing a non-Jew to plow our sidewalks, walkways, and driveways would be included in this limitation. Nonetheless,R. Akiva Eiger 60 disagrees with Magen Avrahams contention that this creates a chilul Hashem.
Spreading Salt on the Ground
The Gemara writes that on Shabbat, one may not crush snow or hail in order to cause water to flow from it, but he may place it in a cup or plate and allow the water to flow on its own. 61 Rashi explains that the reason for the prohibition is that by crushing the snow, one creates a new entity water on Shabbat. 62 This statement of the Gemara is codified in Shulchan Aruch. 63
Shulchan Aruch quotes the Maharam of Rotenberg, who maintains that one may urinate on snow. Rosh, however, disagrees. 64 Mishna Berura explains that Maharam
58 Magen Avraham, 244:8. 59 In conversation, a certain Rav related to me that on his street following a Shabbat snowstorm, the snow removal companies only came to the Jewish houses after Maariv on Motzaei Shabbat. They understood that the Jews would not permit this activity on Shabbat. He was quite pleased and proud of the kiddush Hashem that he felt was created. 60 Hagahot R. Akiva Eiger to Magen Avraham ibid. 61 Shabbat 51b. 62 Rashi, ibid., s.v. keday. 63 Shulchan Aruch 320:9. 64 Ibid. 320:14. maintains that urinating on snow is similar to trampling snow, which is permitted. 65 Rosh, however, maintains that urinating on snow is different from the case of putting snow in a cup to melt, because in this case, one actively causes the snow to melt, as opposed to passively allowing it to melt. Mishna Berura quotes the opinions of Taz and Eliya Rabba, who accept the lenient opinion of Maharam. 66
The poskim discuss whether placing salt on snow or ice is comparable to actively crushing the snow to make it melt or whether it is considered as if one put salt on the floor and the snow melted on its own. While some poskim are strict, 67 most assume that there is no concern. 68 Some poskim assume that even though it is essentially permissible, one should ideally either have a non-Jew sprinkle the salt or to do it himself at night when no one sees so that people who do not know the halacha do not reach the mistaken conclusion that one is performing a forbidden act on Shabbat. 69
Snowmen and Snowballs
In addition to the possible problem of muktzeh, building a snowman on Shabbat may entail the prohibition of boneh, building. Rambam writes that if one collects pieces and attaches them together until they become one unit (megaben), it is comparable to building. 70 Based on this statement, Shemirat Shabbat Kehilchata writes that making snowballs and snowmen is forbidden on Shabbat. 71 R. Moshe Feinstein is quoted as saying that making snowballs is not a problem of megaben because they are not made to last. This ruling would seemingly only apply to snowballs, which are made to be thrown
65 Shulchan Aruch 320:13. 66 Mishna Berura 320:40-41. 67 Hanotein Sheleg #20, 72 in the name of R. Chaim Kanievsky. 68 She-arim Metzuyanim Be-halacha 88:5; Yesodei Yeshurun, p. 366; Machazeh Eliyahu 67, 68; Nishmat Shabbat 4: 246; and Beit Avi, Orach Chaim, siman 26 (who writes that that this is only grama). 69 Beer Moshe 1:28; Meor HaShabbat 3:13:47. 70 Hilchot Shabbat 7:6. 71 Shemirat Shabbat Kehilchata 16:44; Orchot Shabbat, vol. 1, 8:39; Shulchan Shlomo, Hilchot Shabbat, vol. 2, 314:4; Halachos of Shabbos, Dosh #13, nt. 332. immediately, and not to snowmen, which are expected to last as long as the weather permits. 72
Mekor Chaim writes that we should protest against children who make snowballs on Shabbat, arguing that the act violates two melachot, boneh and dosh (threshing/extracting). 73 R. Shimon Eider suggests that making snowballs and snowmen may violate the melachah of memareiach (smoothing) and/or be an uvda dechol. 74 Some poskim, however, assume that making snowballs is permitted as long as there is an eiruv. 75
Conclusion
Snowfall on or before Shabbat presents a number of halachic issues. As in all realms of life, even the most mundane, it is the responsibility of every Jew to properly evaluate the options for snow removal through the lens of the halachic sources. In doing so, the cumbersome chore of removing snow is transformed from a physical task into a halachic challenge.
72 Mesoret Moshe (recently published psakim of R. Feinstein), p. 68. 73 Mekor Chaim, Kitzur Halachot 320:11. 74 Halachos of Shabbos, Dosh n. 332. 75 Rivevot Ephraim 1:223:1 and Beer Moshe 6:30. See, however, Piskei Hilchot Shabbat, vol. 2, p. 59, where R. Stern is quoted as forbidding making snowballs.
(Studies in Biblical Literature 99) Anne Moore - Moving Beyond Symbol and Myth - Understanding The Kingship of God of The Hebrew Bible Through Metaphor-Peter Lang Publishing Inc. (2009) PDF